The Trans-Tasman Proceedings (Transitional and
Consequential Provisions) Bill 2009 deals with transitional and
consequential matters in connection with the Trans-Tasman
Proceedings Bill 2009.

The Bill repeals the Evidence and Procedure
(New Zealand) Act 1994 (EPNZ Act). The provisions of that
Act have been moved into the Trans-Tasman Proceedings
Bill.

It also amends the Foreign Judgments Act
1991 (FJA) to remove New Zealand from its operation. The
recognition and enforcement of eligible NZ judgments in Australia
is provided for in Part 7 of the Trans-Tasman Proceedings Bill.

Finally, the Bill amends Part IIIA of the
Federal Court of Australia Act 1976 (FCA). Part IIIA
deals with the conduct of
trans-Tasman market proceedings brought under the Trade
Practices Act 1974, and has been moved into Part 8 of the
Trans-Tasman Proceedings Bill.

FINANCIAL IMPACT STATEMENT

The proposed
Bill will not have any significant financial impact.

NOTES ON CLAUSES

Clause 1: Short title

1. This is a
formal provision specifying the short title of the Bill.

Clause
2: Commencement

2. This
clause specifies when the various provisions of the Bill are to
commence.

Clause 3: Schedule(s)

3. This
clause provides that each Act referred to in the Schedule to the
Bill is amended or repealed as set out in that Schedule
concerned.

Clause 4: Definitions

4. Clause 4
defines commencement in the Act to mean the day on
which section 3 of the Trans-Tasman Proceedings Act commences.
Trans-Tasman Act means the Trans-Tasman
Proceedings Act 2009 .

5. Any
expressions used in the Bill which are defined in the Trans-Tasman
Acthave the same meanings as they have in that Act.

SCHEDULE 1
- APPLICATION OF THE TRANS-TASMAN ACT

Item 1: Application of Part 2 of the Trans-Tasman Act

6. This item
provides that Part 2 of the Act applies to all civil proceedings whether
commenced before, on, or after commencement. However, Part 2
will only apply to proceedings commenced before commencement if not
all of the initiating documents for the proceeding have been
served.

Item 2: Application of Part 3 of the Trans-Tasman Act

7. This item
provides that Part 3 of the Act applies only to civil proceedings
commenced on or after commencement. It will not apply to
proceedings commenced before commencement.

9. This item
provides that Part 5 of the Act applies to a subpoena issued
before, on, or after commencement. However, if leave was
given to serve a subpoena under section 9 of the EPNZ Act before
commencement , the EPNZ Act continues to apply.

Item 5: Application of Part 6 of the Trans-Tasman Act

10. This item
provides that Part 6 of the Act applies to remote appearances made
on or after commencement, regardless of when the proceedings
commenced. However, if the court directed that evidence be given or
submissions be made by video link or telephone from New Zealand
under section 25 of the EPNZ Act before commencement, the EPNZ Act
continues to apply.

Item 6:
Application of Part 7 of the Trans-Tasman Act

11. This item
provides that Part 7 of the Act applies to judgments given after
commencement, regardless of when the proceedings commenced.
It will not apply to eligible New Zealand judgments given before
commencement.

Item 7: Application of Part 8 of the Trans-Tasman Act
2009

12. This item
provides that Part 8 of the Act applies to trans-Tasman market
proceedings commenced on or after commencement. The Part will
not apply to proceedings commenced before commencement.

Item 8: Application of Part 9 of the Trans-Tasman Act
2009

13. This item
provides that Part 9 of the Act applies to all proceedings whether
commenced before, on, or after commencement.

SCHEDULE
2 - CONSEQUENTIAL REPEALS AND AMENDMENTS

Part
1-Repeal of the Evidence and Procedure (New Zealand) Act
1994

Evidence
and Procedure (New Zealand) Act 1994

Item 1: The whole of the Act

14. This item
repeals the EPNZ Act.

Item 2:
Saving

15. This item
provides that certain elements of the EPNZ Act continue to apply
despite the repeal of the Act.

16. The EPNZ
Act continues to apply to a subpoena if, before commencement, a
court gave leave under section 9 for it to be served in New
Zealand.

17. The EPNZ
Act continues to apply to the giving of evidence or the making of
submissions if, before commencement, a court directed under
section 25 that evidence be given or submissions be made by
video link or telephone from New Zealand.

18. Section 47
of the EPNZ Act continues to apply in relation to a judgment given
before commencement.

19. Regulations
made under section 49 of the EPNZ Act continue to apply in
relation to subpoenas and the giving of evidence or the making of
submissions to which the EPNZ Act still applies by virtue of this
Bill.

Part
2-Amendment of the Federal Court of Australia Act
1976

Federal
Court of Australia Act 1976

Item 3:
Subsection 32A(4)

20. This item
replaces the reference to Part IIIA of the FCA to the Trans-Tasman
Act in relation to Australian market proceedings.

Item 4:
Part IIIA

21. This item
repeals Part IIIA of the FCA. Provisions regulating
trans-Tasman market proceedings will be moved to Part 8 of the
Trans-Tasman Act.

Items 5
and 6: Subsection 47A(5) (note) and 47B(3) (note)

22. These
items replace references to the EPNZ Act with references to Part 6
of the Trans-Tasman Act.

Item 7:
Subsection 47G

23. This item
replaces the reference to the EPNZ Act with a reference to the
Trans-Tasman Act.

Item 8:
Paragraphs 59(2)(y), (za), (zb), (zc), (zd) and (ze)

24. This item
replaces various references to Part IIIA of the FCA with the
equivalent provisions in the Trans-Tasman Act.

Item 9:
Saving

25. This item
provides that certain elements of Part IIIA of the FCA continue to
apply despite the repeal of the Part.

26. Part IIIA
of the FCA continues to apply in relation to a proceeding commenced
before commencement, but does not apply to a judgment given on or
after commencement.

27. Rules of
Court made for the purposes of paragraphs 59(2)(y), (za), (zb),
(zc), (zd) and (ze) of the FCA continue to apply to a proceeding
commenced before commencement.

28. Regulations
made under section 60 of the FCA for the purposes of
Part IIIA continue to apply on and after commencement in
relation to a proceeding commenced before commencement.

Part
3-Other amendments

Defence
Force Discipline Act 1982

Items 10
and 11: Subsection 148A(5) (note) and 148B(3) (note)

29. These
items replace references to the EPNZ Act with references to Part 6
of the Trans-Tasman Act.

Item 12:
Section 148F

30. This item
replaces the reference to the EPNZ Act with a reference to the
Trans-Tasman Act.

33. These
items replace references to the EPNZ Act with references to Part 6
of the Trans-Tasman Act.

Item 20:
Section 73

34. This item
replaces the reference to the EPNZ Act with a reference to the
Trans-Tasman Act.

Foreign
Judgments Act 1991

Item 21:
Paragraph 5(8)(d)

35. This item
removes New Zealand judgments from the exception in this paragraph
to the non-retrospective operation of Part 2 of the
Foreign Judgments Act 1991 .

Item 22:
Subsection 5(10)

36. This item
removes New Zealand judgments from the recognition and enforcement
of judgments regime of the Foreign Judgments Act 1991 .
The recognition and enforcement in Australia of eligible New
Zealand judgments is dealt with in Part 7 of the Trans-Tasman
Act.

Item 23:
Saving

37. This item
provides that the provisions of the Foreign Judgments Act
1991 amended by this Schedule continue to apply to judgments
given before commencement.

38. This item
repeals an amendment in item 22 of Schedule 2 to the Law and
Justice Legislation Amendment (Identity Crimes and Other Measures)
Bill 2009 (the Identity Crimes Bill) that will be a
misdescribed amendment if it commences after item 4 of Schedule 2
to this Bill commences. This item will only commence if the
amendment in item 22 of Schedule 2 to the Identity Crimes Bill has
not commenced before item 4 of Schedule 2 to this Bill
commences.

39. Item 22 of
Schedule 2 to the Identity Crimes Bill amends s32P(2) of the FCA to
insert the word ‘federal’ before ‘judicial
proceeding’. This is a consequential amendment relating
to amendments to the administration of justice offences in the
Crimes Act 1914 to be made by the Identity Crimes
Bill.

40. Section
32P(2) is currently in Part IIIA of the FCA. Part IIIA is
repealed by item 4 of Schedule 2 to this Bill.

Service and Execution of Process Act 1992

Items 25
and 26: Subsection 3(1) (paragraph (e) and (f) of the definition of
judgment)

41. These
items amend paragraphs (e) and (f) of the definition of
‘judgment’ to include an order, decree or judgment
registered under the Trans-Tasman Act.

Trans-Tasman
Proceedings Act 2009

Items 27
and 28 - Subsections 62(2) and 87(2)

42. These
items are related to item 24.

43. Subsections
62(2) and 87(2) of the Act refer to ‘judicial
proceedings’ for the purposes of the Crimes Act
1914 . These items update these references to
‘federal judicial proceedings’ for consistency with the
amendments to the administration of justice offences in the
Crimes Act 1914 to be made by the Identity Crimes
Bill .

44. Clause 2
of this Bill provides that these items will commence either
immediately after commencement of the relevant parts of the
Trans-Tasman Act or immediately after the commencement of item 22
of Schedule 2 to the Law and Justice Legislation Amendment
(Identity Crimes and Other Measures) Act 2009 , whichever is
later. However, the items do not commence at all if item 22
of Schedule 2 to the Identity Crimes Bill does not
commence.